United States of America v. 2013 Harley Davidson FLHX VIN # 1HD1KBM1XDB608226
DEFAULT JUDGMENT OF FORFEITURE, as set forth. Signed by Honorable P. K. Holmes, III on May 28, 2013. (lw)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
UNITED STATES OF AMERICA,
) Civil No. 13-2058
A 2013 HARLEY DAVIDSON FLHX
DEFAULT JUDGMENT OF FORFEITURE
This matter comes before the Court on the Motion for Default Judgment of Forfeiture
filed by the United States of America and, finding that the relief sought by such motion has merit
and should be granted, the Court further finds and adjudicates as follows:
The Complaint for Forfeiture in Rem in this matter was filed on March 1, 2013,
alleging that the defendant property should be forfeited to the United States of
America pursuant to 31 U.S.C. § 5317, 18 U.S.C. § 981, and 18 U.S.C. § 984.
Subsequently, on March 8, 2013, a waiver of summons in the Forfeiture Action
was filed by the owners Clayton and Christine Lee in which they acknowledged
receipt of service of the Notice and a copy of the forfeiture complaint;
In that waiver of summons, Clayton Lee and Christine Lee waived their
appearance in this action, waived further notice of any proceedings, and admitted the
facts alleged in the affidavit;
Additionally, notice of this civil forfeiture action against the defendant property
was published for 30 consecutive days on an official Government internet site
(www.forfeiture.gov) beginning on March 8, 2013, as evidenced by the Proof of
Publication filed with this Court on May 17, 2013.
The published notice informed all persons or entities, known or unknown,
claiming an interest in the defendant property, that the defendant property had been
arrested, that this civil forfeiture action was pending, that they had sixty (60) days
from the first day of publication of the notice to file a verified claim and twenty-one
(21) days after filing the claim to answer. Further, for guidance in the preparation of
a claim and answer, the notice referred any such persons or entities to Rule G(5) of
the Supplemental Rules of Admiralty and Maritime Claims, and warned that if this
rule was not followed a judgment of forfeiture would be rendered.
The United States of America took all reasonable measures to ensure that Clayton
Lee and Christine Lee and any other possible claimant received such notice in a
timely fashion. To this date, however, no person or entity has filed a verified claim
contesting the forfeiture. Therefore, all possible claimants have been noticed and
have failed to appear or otherwise defend their interests and the United States of
America is entitled to a judgment of forfeiture, all without the necessity of any further
notice to any other person or entity.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:
The United States of America is hereby given a judgment of forfeiture against the
defendant property described below:
2013 Harley Davidson with the VIN number 1HD1KBM1XDB608226
and against the interest therein of Clayton Lee and Christine Lee and any and all persons
or entities having or claiming an interest in the defendant property;
Title to the defendant property is hereby vested in the United States of America
and any administrative claims or interests therein of any persons or entities, including
Clayton Lee and Christine Lee are hereby cancelled; and
The Defendant property is referred to the custody of the Internal Revenue Service
for disposition in accordance with law and regulations.
IT IS SO ORDERED this 28th day of May, 2013.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U. S. DISTRICT JUDGE
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